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MBNA - reclaiming charges older than 6 years


Madge67
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Ive started a new thread for this part of my claim.

 

I have made a claim for unfair charges in respect of my MBNA card (ex A&L). They have paid out for charges plus interest for charges from Oct 2005 onwards but have refused any older than this.

 

I am about to start a claim through court for these charges based on section 32 of the limitations act. Im sure I will have lots of questions along the way.

 

First one is - Is my claim with MBNA and not A&L. MBNA provided cards for A&L later on down the line so i just need to be sure who i make my claim against.

 

Second one is - In the POC on the N1 form, I notice that others type out the agreement. I only have an agreement they sent out with the SAR which certainly isnt the original. Im not sure what to do if I havent got a copy of the orignal one.

 

Thanks

 

Madge

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Hi folks I could really do with a bit of help please guys

 

Ive almost completed my POC but I havent got the original agreement which was with A&L so am struggling with schedule 1. In my SAR MBNA send one that was obviously made up (it had £12.00 for the charges and I was charges 20.00 and 25.00 originally until they reduced to 12.00 in 2006ish). Should I therefore put the relevant parts in from the schedule I have and put a note that this is not the original agreement.

 

This is the only thing i am stuck on! If I upload it can someone scan over it to see if it looks ok please.

 

Madge

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  • 1 month later...

Ive heard not a bean since sending my claim off on 8th May - I sent it to the processing team at Salford but cannot for the life of me find a telephone number to contact them arghhhh - this is so frustrating.

 

Can anyone help please

 

Madge

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Ive heard not a bean since sending my claim off on 8th May - I sent it to the processing team at Salford but cannot for the life of me find a telephone number to contact them arghhhh - this is so frustrating.

 

Can anyone help please

 

Madge

 

Hi Madge,

Did you send it via Recorded/Special Delivery?

 

And also to this address:

County Court Money Claims Centre

PO Box 527

Salford

M5 0BY

 

Tel No. 0300 123 1372

 

Hope this helps, good luck with the claim!

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I did Dude, and it shows it was signed for on 9th May. grrrrrr - the chq hasnt been cashed either.

I have, at last just managed to speak to someone so thanks for the number mate, I realy appreciate it

 

They are scratching their heads over there as to what could have happened to my claim and are now looking into it as we speak so I just need to wait......again. So blumin frustrating, why cant people just do their jobs right these days.

 

Thanks again Dude and i'll let you know what they say

 

Madge

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OMG they have admitted that have lost it. How bad is that????? All they said was 'very sorry but you will have to send it again' arghhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

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OMG they have admitted that have lost it. How bad is that????? All they said was 'very sorry but you will have to send it again' arghhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

 

Ah, what a nightmare!

More printing for you then mate :|

 

I guess the best thing to come out of this, is that your claim has now gone up a few £'s.

:madgrin:

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  • 3 weeks later...

Oh my days, I am in despair of these monkeys. I posted my claim form off again and....they returned it stating no payment enclosed - Guess what...It was enclosed. Can you beleive how cr$p this service is?

Now ive got to send it in yet again and canx both of the cheques i have previously sent - Gosh Im so angry with them.

 

Maybe someone is trying warn me against all of this eh?

 

Madge

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  • 2 weeks later...

Okay Houston - we have lift off. Finally, I have recd a 'notice of issue from the court (yesterday). MBNA now have until 25th July to reply......oooooh 13 days to go.

 

Ill keep you all posted on this - get a bit of jelly belly when i think too hard about it but i know you guys will hold my hand if needed and Im sure i will. DOH!

 

Ill be back my friends to update as and when

 

luv y'all

 

Madge

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  • 2 weeks later...
  • 3 weeks later...

oooh yes I received their defense last Friday but havent had time to look at it properly yet (been on holiday this week) I havent reced the forms from the court though. I'd have thought they would be here by now.

 

I will have a really good look this weekend at the defence and see what they say.

 

Hows things with you MP?

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Hi everyone, well here is my POC first and their defence will follow on the next post

 

Can somebody cast an eye over it to see if there is anything that sticks out please. Ive had a olook myself and cant really see anything specific. Im going to compare it to some others on here to see if it looks like a bog standard defence.

I havent recd the AQ form yet from the court but I would like to start thinking about my court bundle and draft directions asap.

 

Feeling a bit nervous right now but still want to see this through

 

 

 

Cheers

 

Madge

POCpage3.jpg

POCpage1.jpg

POCpage2.jpg

Defence2.jpg

Defence3.jpg

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Hi Madge - looking in as requested.

 

I am more au-fait with Barclaycard cases so I'm not the best person to comment on your case here with MBNA.

 

However, I can say that the defence looks pretty standard and nothing to worry about.

 

You now need to be researching your next steps with regard to your AQ and putting your court bundle together.

 

The AQ is pretty simple and there's an Article in the Library on this.

 

The court bundle is a lengthy doc't and you need to start putting the components of it together in a file, so you have it ready to print off, File and Serve if/when necessary.

 

Reading other MBNA successfully claims will be your best guide.

 

:-)

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Hi Slick, thanks so much for your advice.

 

Even though you know more about Barclays cases, I do appreciate your thoughts especially on the defence. To be honest I couldnt really find much on MBNA cases so I have struggled to find anything to compare with or even refer to.

 

Thanks again

 

Madge

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